A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />Prepared by and return to:
<br />City Attorney
<br />P.O. Box 1389
<br />Vero Beach, FL 32961-1389
<br />UTILITY EASEMENT DEED
<br />(WATERLINE)
<br />#2023 -EG -281
<br />THIS INDENTURE made and entered into this 1 _day of 9 y 4gj=ba.2023,.
<br />("Effective Date") by and between INDIAN RIVER COUNTY, a politi al subdivision of the
<br />State of Florida (hereinafter "GRANTOR" or "COUNTY"), whose mailing address is 180127"'
<br />Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, FLORIDA, a Municipal
<br />corporation (hereinafter, "GRANTEE" or "CITY"), whose mailing address is P.O. Box 1389,
<br />Vero Beach, Florida 32961-1.389. GRANTOR and GRANTEE may also be referred to herein
<br />individually as a "party" or collectively as the "parties."
<br />(Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties
<br />to this instrument and their respective heirs, legal representatives, successors, and assigns).
<br />WITNESSETH:
<br />That Grantor is the owner in fee simple of that certain real property located at GIFFORD
<br />DOCK PARK, lying, situated, and being in Indian River County, Florida, more particularly
<br />described as:
<br />See Exhibit "A," attached hereto and incorporated herein, (hereinafter the
<br />"Property").
<br />That GRANTOR, for good and valuable consideration, the receipt and sufficiency ofwhiich
<br />are hereby acknowledged, hereby grants to the GRANTEE an exclusive easement in perpetuity
<br />through, on,.over, under, and across the Property for utility purposes, including installation, of a
<br />water line, which easement shall be as more particularly described in Exhibit "A" (hereinafter
<br />'`Easement" or "Easement Area"), attached hereto and incorporated herein by reference, and which
<br />Easement shall run with and be a burden upon the Property.
<br />GRANTOR further grants to the GRANTEE, as part of this Easement, a ,general easement
<br />for ingress; egress, and regress over and across the driveways, parking, common, and open areas
<br />of the Property for the purpose of access to and maintenance; repair, or replacement of any or all
<br />of GRANTEE'S equipment, water improvements, or related facilities.. GRANTEE shall cause the
<br />restoration of any disturbance to or upon the Property and repair any damage to GRANTOR'S
<br />Improvements caused. by the acts or omissions of GRANTEE, its employees, agents, or
<br />contractors, which restoration and repair shall be completed without expense to GRANTOR.
<br />GRANTEE shall• not be otherwise responsible for maintenance, restoration, or repair of the
<br />Property or Easement or any Improvement or other installation thereon or therein.
<br />The Easement hereby created and granted includes the creation of all incidental rights
<br />reasonably necessary for the use and enjoyment of the Easement Area for its intended purposes,
<br />.Page 1 of 3
<br />NADepartntcntsWater & Sewcr\EASEMENTS\2023\IRC- Gifford Doc],V023.8.14 - Utility Easement #2023 -EG -28 l.docx
<br />
|